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These services are optimised to be technically accurate, commercially viable and practical to implement within the employment and labour space. Click a service for more information
We conduct investigations into allegations of misconduct including sexual harassment, workplace bullying, discrimination, victimisation, theft, fraud, misappropriation of company property and breaches of company policy. This is a full service offering, including consultations with persons of interest, the preparation of a report with findings and recommended action.
We offer an objective analysis on various employment law scenarios in clear and plain language. Depending on the complexity of the dispute and the potential consequences of a transaction or dispute we may also engage with senior counsel, on instruction.
Training and development workshops present a prime opportunity to expand the knowledge base of all employees, but many employers find development opportunities expensive and time consuming. Our interactive sessions are conducted by experienced employment and labour lawyers. We cut away the jargon and get straight to the point, in a short space of time. This approach ensures that employees are upskilled with relevant knowledge, at a competitive cost, and are not away from their desks for extended periods. Training employees forms part of effective employee relations. We offer a range of training topics and can also tailor sessions to suit your company's needs. Certificates of completion and attendance are also issued on request.
We appear at the CCMA and Labour Court nationally, and have experience in a full spectrum of contentious matters on behalf of trade unions as well as employers.
Matters include condonation applications, rescission applications, arbitrations, organisational rights disputes, Labour Court reviews, trials following referrals under rule 6 of the Labour Court rules, contempt applications, and urgent interdicts. We also work with expert witnesses and experienced advocates from the Johannesburg and Pretoria Bar, to the extent necessary.
All employers should ensure that their employment policies are up to date with the current legislation. These policies include but are not restricted to a disciplinary code and procedure, social media and internet usage policy, industrial action contingency plan, grievance policy and procedure, recruitment and selection policy. We review existing policies and prepare them as well.
Employers nationally are faced with the daunting prospect of contemplating retrenchments in terms of section 189 of the Labour Relations Act, 1995 (LRA). Employers are obligated to consult with employees on a range of issues and need to issue a section 189(3) notice. We assist and advise on the restructuring process including large scale retrenchments under section 189A of the LRA. To the extent that the decision to retrench an employee is challenged at the CCMA or Labour Court, we assist in that respect as well.
To the extent that an employee is performing poorly or is temporarily or permanently incapacitated, resulting in the employee not being able to work as expected, there is a process to follow when handling these matters which we can assist with.
Fostering positive employee relations before matters become contentious is fundamental to harmonious workplace relations. We can assist with mediation to the extent possible and conciliation to resolve disputes. We also provide ad hoc consultancy services to ER/IR/HRBP's in respect of managing misconduct, organisational rights issues and incapacity.
Our experienced lawyers will also represent you at the CCMA and Labour Court
Employment law is my absolute passion and I have dedicated a decade of my career as an attorney to making it my speciality. It is a fluid area of law that frequently evolves with a view to regulate issues that emanate from the employment relationship. It is also a highly emotive area of law that needs to be handled with equal parts integrity and fairness, while balancing the needs of the business with fair labour practices in relation to the treatment of employees. I founded Employment & Labour South Africa with a goal to merge these factors and in doing so, to offer employers with commercially practical, economically viable and technically correct labour law and employee relations services nationally.
Watch interview with our Managing Director Lovanya Moodley on eNCA
Listen to interviews with our Managing Director Lovanya Moodley PowerFM
Disclaimer: Please note that by using this web page and or our social media pages, you agree with our terms and conditions as set out hereunder. Employment & Labour SA Pty Ltd (ELSA) endeavours to supply correct and updated information on this site and in dealing with consultants. ELSA does not guarantee the correctness thereof, nor accept any liability for any incorrect or outdated information or statements herein. We accept no responsibility or liability whatsoever for any adverse consequences that may arise, including but not limited to, financial loss, compensation orders, fines, CCMA awards, award of damages, interdicts, Court orders, rulings or findings or loss of employment, as a result of the use of any information obtained from this site. All information, contained herein is supplied with the sole purpose of being a guideline reader, and should not be copied and used without considering and adapting it to the employer’s particular circumstances as well as the most recent labour and employment law developments. This web page and ELSA social media pages should not be seen as a comprehensive legal solution to any legal or labour problem. If ongoing correspondence or further advice is necessary, you are welcome to contact us and arrange a consultation with one of our consultants at our usual scale of rates.